Barca v Wollondilly Shire Council & Ors [2015] NSWLEC 1124

Land and Environment Court New South Wales

Medium Neutral Citation: Barca v Wollondilly Shire Council & Ors [2015] NSWLEC 1124 Hearing dates: 8, 9 April 2015 Date of orders: 28 April 2015 Decision date: 28 April 2015 Jurisdiction: Class 1 Before: Pearson C Decision: 1. The appeal is upheld. 2. Development Application No 10.2012.281.1 for a metal resource recovery and waste management facility at Lots 30 and 31 DP 826690, 390-400 Picton Road Maldon is approved subject to the conditions in Annexure A. 3. The exhibits are returned except for exhibits A, B, C, D, E, F, G, H, C5, C6, C7 and AM6. Catchwords: DEVELOPMENT APPLICATION – Resource recovery and waste management facility – Owner's consent - Access to site - Traffic generation and vehicle movements – Acoustic impacts – Air Quality – Risk assessment and management Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mine Subsidence Compensation Act 1961 Protection of the Environment Operations Act 1997 Water Management Act 2000 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 33- Hazardous and Offensive Development Wollondilly Local Environmental Plan 2011 Cases Cited: Barca v Wollondilly Shire Council [2014] NSWLEC 118 Category: Principal judgment Parties: Rosaria Maria and Mimma Barca (Applicants) Wollondilly Shire Council (First Respondent) Allied Mills Pty Ltd (Second Respondent) Sell and Parker Pty Ltd (Third Respondent) Representation: Counsel: Mr J Robson SC with Mr G Newport (Applicants) Mr S Simington, Solicitor (First Respondent) Mr C McEwen SC with Mr S Nash (Second Respondent) Mr P Lalich, Solicitor (Third Respondent)